SIG Air Handling NV, with registered office in 1930 Zaventem, Hoogstraat 180, with enterprise number BE 0451.428.496, hereafter named “the vendor”

And:

The customers of the above mentioned company, hereafter named “the buyer”

A. General

The data and prices on our price lists, folders, website, webshop, datasheets, quotations or any other means, are only for your information. We reserve ourselves the right to modify the prices and specifications of the products without any prior notice. On the moment of ordering, the buyer agrees with our general sales conditions.

All prices indicated on the price lists, webshop, quotations, given by phone and written – are excluding VAT and if applicable, excluding Recupel costs. Both VAT and recupel costs will be calculated according to the applicable percentage and/or rates. Amendments of this will be charged without any notification to the buyer.

For orders with a value of less than € 50, an administrative cost of € 5 will be charged. This administrative cost will be cancelled in case of digital invoicing.

Orders need to be placed via e-mail or fax, or through the web shop. When using the webshop, the buyer is responsible for the management of the users, the granted user rights and passwords via the appropriate tool in the webshop.

Orders placed through our webshop always have to be confirmed by our administration. The stock indications and the calculated prices on the order confirmation are only an indication and have no binding character.

The vendor only confirms the order, not the buyer’s purchase conditions, unless written confirmation by the vendor.

The vendor does not sell to private parties nor to its customer’s employees.

The vendor sells to licensed installers and professional dealers only in order to guarantee that the materials are being installed and dismantled in accordance with the applicable legislation.

The vendor reserves himself the right to refuse selling to buyers who cannot prove that the purchased materials will be installed and maintained by personnel and/or subcontractors with the required certificates and/or qualifications.

Orders have to be confirmed in writing (including VAT number and contact person), either through an order form or through e-shop. The buyer is responsible for managing the users, their granted rights and passwords in the e-shop.

Information given by telephone is purely informative and has no binding character.

B. Acceptance

The reception of our goods is legally to be effected in our warehouses.

The pick-up of the goods by the buyer implies their legal acceptance.

Every complaint about visible damage, that is not mentioned on the transport document (or, if the latter is not available, on the shipping note) and not co-signed by the transporter, will not be accepted.

Invisible damage has to be reported by written within 48 hours after the delivery and backed-up with a digital photograph. In default of this, no complaints can be accepted anymore.

C. Warranties

When delivered goods are not conform and legally refused, we reserve ourselves the right to replace them without any further obligation. In this case the buyer cannot claim the cancelling of the order, the refund of the advanced payments, nor the payment of a compensation, for any reason whatsoever.

The buyer cannot claim deduction of payments to serve the purpose of a warranty or under any other condition whatsoever.

Our warranties only cover the delivery of spare parts for replacement of parts for which a manufacturing defect or an inherent defect is recognized. The dismounting, transport, remounting and all other related costs, as well as the possibly caused damage, is at the customer’s expense. Components that are subject to normal wear are not covered by warranty (e.g. filters, belts, contactors, steam cilinders,...)

Except for explicit divergence, the warranty is valid for 12 months starting from the date of delivery.

Deviations are:

There is a 5-year warranty – starting from the date of invoicing – for Fujitsu and Gree products, ATC and Auer heat pump boilers and Hewalex boilers, valid on the condition that a maintenance contract has been signed with a recognized installer for all devices, and this starting from the commissioning date.

There is a 10-year warranty – starting from the date of invoicing – for Hewalex solar collectors, valid on the condition that a maintenance contract has been signed with a recognized installer for all devices, and this starting from the commissioning date.

There is a 5-year warranty – starting from the date of invoicing – for Belimo and Brink products.

There is a 3-year warranty – starting from the date of invoicing – for Salda and Cairox products.

There is a 2-year warranty – starting from the date of invoicing – for Thermocold, Xpelair, Sauermann, Nordmann Engineering and Fläkt Woods devices.

In case of malfunctions – whether or not under warranty – the customers sends the goods to the vendor at the customer’s expense.

For every warranty request, the following elements are to be mentioned:

Request date, customer name and invoice number.

Extensive description of the product and the malfunctions for which a warranty claim is being requested.

Warranty requests for devices with a warranty period of more than 2 years should always be accompanied by the signed maintenance contract and a copy of the maintenance book.

The vendor can decide autonomously if the goods need to be repaired or replaced.

In case the warranty claim is accepted, the vendor will send the goods free of charge back to the customer, in the territory of Belgium and the Grand Duchy of Luxembourg.

The warranty claims that have not been accepted will stay at the disposal of the customer for 14 days. After these 14 days, the goods will be recycled.

The vendor reserves himself the right to change the procedure of warranty request.

D. Working hours and travel costs

For repairs without warranty, an hourly rate of € 65 will be charged, starting from departure Air Trade Centre Zaventem, until arrival back in Zaventem. The travel costs are € 0.65/km. We reserve ourselves the right to modify these prices according to the current indexation and market prices without any prior notice.

The vendor reserves himself the right to check the proper installation, usage and maintenance of the unit. In case of deviation, the warranty can be refused.

Assistance for start-up: Unless otherwise stated in sellers quotation, each intervention shall be subject to a charge of 390,00 Euro for 2 (two) hours on site, 455,00 Euro for 3 (three) hours on site and 520,00 Euro for 4 (four) hours on site.

The vendor is not responsible for the installation and cannot be held responsible for any damage due to an incorrect installation in any way whatsoever. In case the unit is not ready for start-up, travel expenses will be charged (work hours and travel costs).

All interventions of our technicians require the presence of the installer to guarantee the security and avoid disputes.

Conditions for start-up assistance are available on our website or simply upon request.

The prices and conditions mentioned here above are only valid for the territory of Belgium and the Grand Duchy of Luxembourg.

Material handling costs and security measures are on behalf of the customer.

E. Delivery terms, changes and cancellations of orders

The delivery terms are only an indication. Delays in delivery, due to any reason of any kind, can neither give cause for the cancellation of the order nor for the payment of any penalty or compensation.

The vendor cannot be held responsible in cases of force majeure or incidents that obstruct the normal delivery of the order. The vendor reserves himself the right to suspend or to cancel, partially or completely, the implementation of the contract, without any consequences resulting in any kind of compensation on behalf of the vendor, or resulting in non-payment of the already delivered goods.

All modifications or cancellations of an order are to be announced in written and will only be accepted after agreement in written by the vendor.

If an order is changed or cancelled before the production has started or before delivery, an administrative fee of 10% of the order value (with a minimum of € 30,00 net) will be charged.

If an order is changed or cancelled after the production has started, the cancellation will only be accepted if the production can still be stopped. The existing production costs and the raw materials’ cost will be charged and increased with the administrative fee of € 30,00 net.

Orders with delivery on call will be kept available for a maximum of three months.

The vendor delivers quality products in the best possible conditions. In order to guaranty the quality of the delivered goods and to avoid needless administration, transport and warehouse costs, we ask you to carefully revise your order. Sold products can only be taken back after a prior and written agreement of the vendor, stating that the goods need to be in a flawless state and in their original package. The invoice number needs to be mentioned on the application for return. In case this invoice number is not mentioned, the application for return will be refused.

For each return and/or exchange, a return fee will be charged to cover the administration and logistic costs. These costs are € 30,00 for a maximum of 3 article lines, plus € 10,00 per additional line. For a return, only a maximum of 15 lines are taken into account. The transport of the returned goods has to be organized and paid by the customer. In case the goods were sent carriage-paid to the customer, these costs will also be deducted from the credit note.

The vendor has the right to refuse the returned goods after inspection, or in case the goods were not accompanied by the required written approvals. In this case, the customer will be granted two weeks to recollect the goods. If the goods are not collected within this period, the goods will be recycled.

Return of goods will only be accepted within 2 months after the delivery date . Non-stock products, such as spiral ducts and fittings for example, are not taken back.

F. Prices and quotations

The selling prices are based on market information and raw material prices at the moment of issuing our price list. In case of unforeseen economic situations, our prices might be revised. Unless specified otherwise, our quotations are valid for 1 month. When offer period is expired all price agreements need to be discussed and approved again by the vendor.

Our quotations, plans and concepts remain our property and cannot be transferred to third parties.

All prices are VAT exlusive and ex works.

The customer is responsible for examining the feasibility of the proposed concept and the amount of parts needed. Possible surpluses are subject to the normal return conditions, as mentioned above.

G. Transport

Shipments with a minimum value of € 500 VAT excl. are delivered carriage-paid, within the territory of Belgium and the Grand Duchy of Luxembourg. This threshold can be modified at all times, without prior notice and without any motivation. Despite the carriage-paid delivery, every delivery of the goods, failed due to the customer’s absence, will be invoiced at the rate of the effective transport cost. In order to avoid this charge, the vendor has to be informed by written about the opening hours and closing days.

For shipments with a value under the threshold of € 500 VAT excl., a transport cost of € 30 will be charged per delivery and per partial delivery on the customer’s request. We reserve ourselves the right to modify these prices according to the current indexation and market prices without any prior notice.

The risks and perils of the transport are at the customer’s expense, even in case of a carriage-paid delivery. The unloading of the goods is done by the transporter unto the ground floor and unto 1 meter behind the boardwalk. Additional removal is always done with the customer’s help and at his own full risk.

Except otherwise agreed with the vendor, every delivery and transport outside of Belgium and the Grand Duchy of Luxembourg is Ex-Works Zaventem, Belgium and at the customer’s expense.

Wrong deliveries cannot lead to any warranty claims.

H. Payment conditions

All our invoices are to be paid immediately. In case of acceptance of the credit insurance company, a payment term of 30 days end of month can be granted. Goods that are being picked-up are to be paid by bank or credit card. For safety reasons, no cheques or cash payments can be accepted.

The vendor always reserves himself the right to review the payment terms without the obligation of specifying any arguments.

I. Payments

Except if indicated otherwise by written, all invoices are to be paid at the latest on the expiration date mentioned on the invoice. We reserve ourselves the right to ask an advanced payment when ordering non-standard products and/or when the buyer is considered insufficiently creditworthy.

For all amounts that remain unpaid on its expiration date, an interest of 8% will be calculated legally and without any formal notice on the total amount of the invoice reduced by the advanced payments.

In case of non-payment on the expiration date, we reserve ourselves the right to increase the amount of the invoice with 10%, with a minimum charge of € 50,00 per invoice (VAT excl.).

In case of non-payment on the expiration date of an invoice, we reserves ourselves the right to claim all other – even non-due – invoices with immediate effect.

If the buyer fails to fulfil his commitments, the sale can be cancelled by right and without proof of default, without prejudice to our rights to all compensations and interests. The expression of will per prior notice by registered post from the vendor’s side is sufficient for this purpose.

Apart from the risk of a buyer, considering delivered goods, we maintain our right of ownership of the goods, until full amount and extra costs, if any, has/have been paid to the buyer. The paid advances can be kept in our possession as a compensation in case of possible losses in resale.

The drawing and/or acceptance of a bill of exchange or other negotiable documents shall neither imply a novation of debt nor a modification of the present sales conditions.

In case of disputes, only the court in Brussels or courts in the jurisdiction at the buyer's domicile, to be chosen by us, are competent

If in our opinion there is a deterioration in the creditworthiness of the buyer on account of measures of judicial execution against the buyer and/or other negative demonstrable events, which compromise or could compromise the seller’s confidence in the client’s proper performance of his obligations, we reserve ourselves the right to cancel the order entirely or partially, even if the goods have already been – possibly partially – delivered.